Ramnivash Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4286 of 2025 ====================================================== Ramnivash Prasad Son of Late Harihar Singh, Resident of VillageMaksuspur (Chamarbigha), P.O.- Suhavanpur (Surhi), P.S.- Islampur, DistrictNalanda. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Additional Secretary, Panchayati Raj Department, Government of Bihar, Patna.

2.

The Chief Additional Secretary, Panchayati Raj Department, Government of Bihar, Patna.

3.

The Principal Secretary, Panchayati Raj Department, Government of Bihar, Patna.

4.

The Special Works Officer, Panchayati Raj Department, Government of Bihar, Nalanda.

5.

The District Magistrate-Cum-Collector, Nalanda at Biharsharif. 6.

The District Panchayat Raj Officer, Nalanda at Biharsharif. 7.

The Block Development Officer, Islampur, Nalanda at Biharsharif. 8.

The Circle Officer, Islampur, Nalanda at Biharsharif. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Mritunjay Kumar, Advocate For the State :

Mr. Government Pleader (26) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL JUDGMENT Date : 18-03-2025 Heard learned counsel for the petitioner and learned counsel for the State.

2. The present writ petition has been filed for a direction to the respondent authority to construct the Panchayat Sarkar Bhawan on the Government Laqnd of Mauza- Sakari Thana No. 123 pertaining to Khata No. 664, Khesra No. 3153, Area 81 Decimals

Patna High Court CWJC No.4286 of 2025 dt.18-03-2025 2/2 instead of Thana No. 123, Khata No. 360, Khesra No. 2485, Area 576 Decimals.

3. Learned counsel for the State has taken a preliminary objection with regard to the maintainability of writ petition and submits as per guidelines of the State Government the only elected members of the area or the Officials of the District is competent to take a decision with respect to construction of the Panchayat Sarkar Bhawan. He has also relied upon a judgment of the Division Bench of this Hon'ble Court in the case of Naveen Kumar Ram and Other, vide order dated 07.04.2023 passed in C.W.J.C. No. 3282 of 2023, recorded that "Whether the Panchayat Sarkar Bhawan is constructed at side A or B is an issue best left to the people's representatives in the local self government institutions as well as local authorities to decide based on various factors/parameters. Such a decision is essentially a matter of policy."

4. In view of the aforesaid, the writ petition stands dismissed.

(Rajesh Kumar Verma, J) Ibrar//- AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 19.03.2025 Transmission Date N.A.